The Department of Homeland Security (DHS), in consultation with the Department of State (State), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the next 12 months. The notice listing the eligible countries was published in the Federal Register on November 8, 2024.
The H-2A and H-2B visa programs allow US employers to bring foreign nationals to the United States to fill temporary agricultural and non-agricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.
Effective November 8, 2024, the Secretary of Homeland Security, with the concurrence of the Secretary of State, has decided to:
- Add Belize to the list of countries eligible to participate in the H-2A and H-2B programs.
- Not remove any country previously designated to be eligible to participate in the H-2A and H-2B programs.
Effective November 8, 2024, nationals of the following countries are eligible to receive H-2A and H-2B visas:
Andorra, Argentina, Australia, Austria, Barbados, Belgium, Belize, Bolivia, Bosnia and Herzegovina, Brazil, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czechia, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Eswatini, Fiji Finland, France, Germany, Greece, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Mauritius, Mexico, Monaco,. Mongolia (H-2B only), Montenegro, Mozambique, Nauru, Netherlands, New Zealand, Nicaragua, North Macedonia, Norway, Panama, Papua New Guinea, Paraguay (H-2A only), Peru, Philippines (H-2B only), Poland, Portugal, Romania, Saint Lucia, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Vincent and the Grenadines, Sweden, Switzerland, Taiwan, Thailand, Timor-Leste, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu.
This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved before the date of publication of the Federal Register notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country’s designation is valid from November 8, 2024, until November 7, 2025.
Erickson Insights & Analysis
DHS, in consultation with State, maintains its authority to amend the eligible countries lists at any time through publication of a Federal Register Notice, if a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to US interest.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.